On a retailer’s liability for a customer’s incision

The Local Court of Munich had to decide whether the operator of a supermarket is liable for a painful cut that a customer had sustained when taking a bottle of rum from a pyramid of bottles.

The judgment is focussed on the extent of the so-called “duty to safeguard societal intercourse” (Verkehrssicherungspflicht) of the German legal system. Already at the beginning of the 20th century German courts recognised this general duty of everyone who owns or operates something that third people have access to. The operator must take reasonable measures to protect anyone from harm who could get in contact with the hazard.

Rechtsanwalt Robert Grabosch (attorney registered with the Berlin Chamber of Attorneys)

Dircksenstr. 52, 10178 Berlin; grabosch@grabosch-law.eu.

Mr. Grabosch has been admitted for practice as Rechtsanwalt in Germany by the Berlin Chamber of Attorneys, Littenstr. 9, 10179 Berlin, Germany.
The applicable legal provisions are the Federal Lawyers’ Act, Rules of Professional Practice, CCBE Code of Conduct for European Lawyers, Attorney Remuneration Act, and the Mediation Act. They can be found at http://www.brak.de/fuer-anwaelte/berufsrecht/.